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PARRIS N. GLENDENING, Governor
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H.B. 1264
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BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 594B(g)
Annotated Code of Maryland
(1996 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
594B.
(a) A police officer may arrest without a warrant any person who commits, or
attempts to commit, any felony or misdemeanor in the presence of, or within the view
of, such officer.
(b) A police officer who has probable cause to believe that a felony or
misdemeanor is being committed in the officer's presence or within the officer's view,
may arrest without a warrant any person whom the officer may reasonably believe to
have committed such offense.
(c) A police officer may arrest a person without a warrant if the officer has
probable cause to believe that a felony has been committed or attempted and that
such person has committed or attempted to commit a felony whether or not in the
officer's presence or view.
(d) (1) A police officer may arrest a person without a warrant if:
(i) The officer has probable cause to believe that:
1. The person battered the person's spouse or other
individual with whom the person resides;
2. There is evidence of physical injury; and
3. Unless the person is immediately arrested:
A. The person may not be apprehended;
B. The person may cause injury to the person or damage to
the property of one or more other persons; or
C. The person may tamper with, dispose of, or destroy
evidence; and
(ii) A report to the police was made within 48 hours of the alleged
incident.
(2) If the police officer has probable cause to believe that mutual battery
occurred and arrest is necessary under this subsection, the officer shall consider
whether one of the parties acted in self-defense when making the determination
whether to arrest the person whom the officer believes to be the primary aggressor.
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- 4745 -
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